Badgett v. Badgett
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Julia T. Badgett made a will, which, omitting the merely formal words of opening and conclusion, reads as follows: “I, Julia T. Badgett, do make, declare and publish this to be my last will and testament, and I hereby revoke all former wills or testaments.made ¡by me of any other -character or description whatsoever.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Julia T. Badgett made a will, which, omitting the merely formal words of opening and conclusion, reads as follows: “I, Julia T. Badgett, do make, declare and publish this to be my last will and testament, and I hereby revoke all former wills or testaments.made ¡by me of any other -character or description whatsoever. “In furtherance -of my wishes, I most earnestly desire that my -dear husband, O. K. Badgett, shall be my sole legatee, and shall take possesion of all -or -any property, both real, personal…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question is as to whether or not O. K. Badgett, Sr., has title to the lands in controversy under the will.(1) In Jarman on Wills, at page 998, we find this statement: “Many of the early authorities proceeded on the principle that the heir was not to he disinherited except by clear words. At the present day, however, more respect is paid to the intention of testators, and in seeking to ascertain, in any particular case, what the intention is the court proceeds on the theory that aman who makes a will does not, as a general rule,’ wish to die…
2Cases cited6 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- Webb v. WebbSupreme Court of Arkansas · 1914
- Gallagher v. McKeagueWisconsin Supreme Court · 1905
- Gregory v. WelchSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lockhart v. LyonsSupreme Court of Arkansas · 1927
- Gibbons v. WardSupreme Court of Arkansas · 1914
- Graves v. BeanSupreme Court of Arkansas · 1940
- Owen v. DumasSupreme Court of Arkansas · 1940
- Culp v. CulpSupreme Court of Arkansas · 1944
4 more not listed; retrieve them via the Exa API.